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(영문) 대구지방법원 2013.11.13 2013고정2356
교통사고처리특례법위반
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of the NY125B.

At around 20:50 on July 25, 2013, the Defendant driven the above Obaba, and led to the left turn to the entrance of the Yongcheon High School at the cU convenience point in Youngcheon-si.

At all times, there is an intersection in which traffic control is conducted by signal apparatus, so in such cases, a person engaged in driving service has a duty of care to drive safely in accordance with the signals.

Nevertheless, the Defendant neglected this and caused the collision to the right side by the Defendant’s CA110V Oral part, which the Defendant driven by the victim C (the 17-year-old) who violated the signal from the right side of the viewing distance on the right side by the negligence of violating and left the signal.

As a result, the Defendant suffered from the above occupational negligence to the victim E (the 16-year-old age level) a brain-dead ground that requires approximately three weeks of medical treatment to the victim C, and to the victim E (the 16-year-old age level) who was on board the above C, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The actual condition survey report;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached a written diagnosis of a suspect C and written estimates for repair), investigation report (attached a written diagnosis of a victim E);

1. Article 3 (1) and the proviso to Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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